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(영문) 광주지방법원 2019.08.16 2019가단4415
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 66,854,619 and KRW 39,00,000 among them, from January 3, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On September 26, 201, the Plaintiff entered into a loan transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the terms of lending KRW 260,00,000, and the maturity on September 26, 2012 only for the loan amount of KRW 2.92%, the interest rate of KRW 2.92% per annum at the time when the interest rate is less than three months, 17% per annum at the time when the interest rate for delay is less than three months, and 19% per annum at the time when the interest rate is changed, the Plaintiff will comply therewith. The interest shall be paid each month, and the interest was paid each month, and the loan transaction agreement was concluded on the terms of repayment at the expiration of the credit period (hereinafter “the loan agreement in this case”); Defendant C shall be jointly and severally and severally guaranteed the obligations under the loan transaction agreement within the limit of KRW 46

B. On September 26, 2013, the Plaintiff and the Defendants entered into an additional agreement to change the credit transaction terms with the content that the applicable interest rate for the instant loans is changed to 3.18% based on the CD-based loan lending rate.

C. The remainder of the principal and interest under the instant loan agreement as of January 2, 2019 is KRW 66,854,619. Of them, the principal is KRW 39,00,000, and the rate of damages for delay prescribed by the Plaintiff as of the filing date of the instant lawsuit is 15% per annum.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, Defendant Company is obligated to pay the Plaintiff as a principal debtor the amount of KRW 66,854,619, and the principal amount of KRW 39,00,000, which is the following day from January 3, 2019 to May 31, 2019, as agreed by the Plaintiff, 15% per annum pursuant to the agreement between January 3, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment; Defendant C as a joint and several surety, jointly and severally with Defendant Company as the principal debtor, within the scope of KRW 46,80,00,00 per annum as requested by the Plaintiff.

In this regard, the Plaintiff claimed for the payment of damages for delay of KRW 39,00,000 for principal from January 2, 2019, but the remainder calculated by the Plaintiff as of January 2, 2019.

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